Page:Montesquieu - The spirit of laws.djvu/254

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202
THE SPIRIT

Book X.
Chap. 8, & 9.
We have an instance of an island in the Mediterranean, subject to an Italian republic; whose political and civil laws in respect to the inhabitants of that island were extremely defective. The act of amnesty[1], by which it ordained that no one should be condemned to a bodily punishment in consequence of the private knowledge of the governor, ex informata conscientia, is still recent in every body's memory. There have been frequent instances of the people's petitioning for privileges: here the sovereign grants only the common right of all nations.


CHAP. IX.
Of Conquests made by a Monarchy.

IF a monarchy can for a long time subsist before it is weakened by its increase, it will become formidable; and its strength will remain intire, while pent up by the neighbouring monarchies.

It ought not therefore to aim at conquests beyond the natural limits of its government. As soon as it has passed these limits, it is prudence to stop.

In this kind of conquest things must be left as they were found; the same courts of judicature, the same laws, the same customs, the same privileges; there ought to be no other alteration than that of the army and of the name of the sovereign.

  1. Of the 18th of October 1738, printed at Genoa, by Franchelly. Vietiamo al nollre general governatore in detta isola di condannare in avvenire solamente ex informata conscientia persona alcuna nationale in pena afflittiva; potra bensi arressare ed incarcerare le personne che gli saranno sospette, salvo di renderne pei anoi conto sollecitamonre. Art. 6. See the Amsterdam Gazette of the 23d of September 1738.
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